KluwerLawOnline.com - European Energy and Environmental Law Review

Central Grids as Common Goods? Implications for the Regulatory Model of Transmission Electricity Grid in the Age of Distributed Energy Resources

Sun, 05 Apr 2026 00:01:04 GMT

This article examines the interaction between centralized and decentralized energy systems, and more specifically the evolving role and regulatory model of transmission electricity grids in facilitating the deployment of distributed energy resources (DERs). The central electricity grid is essential for ensuring security of supply, but it faces new challenges when more decentralized, intermittent renewable energy and flexible demand are added to the energy system. The total blackout that occurred on 28 April 2025 in the Iberian Peninsula illustrates these challenges. In this new transmission-DER nexus, a fundamental question is whether central electricity grids should be considered a common good, and if so, what this entails in terms of regulatory model and legal requirements. After a brief introduction, the article reviews the definition of common goods and explores the extent to which it applies to the transmission electricity grid and the consequences thereof. Gaps in existing regulatory model under European Union (EU) law are identified, discussing the role of transmission system operators with respect to decentralized actors and vice versa, focusing on five specific areas of interaction: grid planning, grid investment regulation, grid capacity management and system costs, balancing duties, and resource adequacy. As operations become more complex, the use of digital tools for DER management systems is raised. The conclusion presents the possible legal approaches to address the identified shortcomings in the central grid regulatory model.

Volume 34 Online ISSN 0966-1646

The Restoration of Insects: Challenges and Opportunities under the Nature Restoration Law

Sun, 05 Apr 2026 00:01:04 GMT

Many insects are declining and threatened with extinction across the EU. However, they play vital roles in ecosystem functions that are essential to biodiversity and human well-being, such as pollination. Within this context, the primary research question is how and why the Nature Restoration Law imposes legal obligations to restore insect abundance and diversity. The paper identifies two explicit obligations, covering pollinators and grassland butterflies, as well as numerous indirect opportunities to restore insects as part of the respective ecosystem. However, their restoration is faced with numerous challenges that hinder effective implementation and enforcement, specifically asymmetric obligations between the EU and Member States, the ambiguous legal-ecological concept of satisfactory levels and shifting baselines, and limited monitoring capacity. Following from these findings, the Nature Restoration Law makes a step beyond the species-specific approach of the Habitats Directive, which is negligible to cover the breadth of the insect world. By analysing these developments, the paper not only clarifies the legal architecture for insect restoration under the Nature Restoration Law but also offers a broader perspective on evolving approaches to nature conservation and the role of binding legal obligations in reversing biodiversity loss.

Volume 34 Online ISSN 0966-1646

Multi-species Justice Principles into Policy-making, Consultation and Consenting for Offshore Renewable Energy

Sun, 05 Apr 2026 00:01:04 GMT

The contemporary era faces numerous emergencies and crises, particularly environmental and climaterelated challenges. To avert additional negative impacts, it is necessary to promote and reinforce an energy transition grounded in the deployment of “green energy” technologies. A promising approach within this transition is the utilization of offshore renewable energy. Despite this, just as every cloud has a silver lining, every positive development has its challenges: in the case of offshore renewable technology, the concern lies with its impact on the marine environment. Against this backdrop, the research paper aims to investigate the issue through the lens of multispecies justice, which, when applied to the marine environment, evolves into the concept of multispecies blue justice (MBJ).

Volume 34 Online ISSN 0966-1646

Natural gas pricing under Directive 2024/1788: Ostensible Re-regulation, but Genuine Strengthening of Market-Based Prices

Sun, 05 Apr 2026 00:01:04 GMT

Natural gas markets are heavily shaped by their pricing mechanisms, and such mechanisms are one of the clear markers of a liberalized natural gas sector.

The EU and its Member States have been continuously striving for the liberalization of natural gas pricing, all while keeping protective mechanisms for certain end-customers, and more recently so after the 2022 energy crisis. Directive 2024/1788 comes as the latest framework in regards to natural gas pricing, and reflects a strong willingness from the EU at achieving this balance, which can be mistakenly interpreted as a re-regulation of natural gas prices.

As such, this article retraces the evolution of the pricing mechanisms among EU Member States before and after liberalization of their natural gas sectors via the Gas Directives. Incentives behind the progressive liberalization of natural gas pricing will also be exposed, all while delving into the subtle balance achieved by Directive 2024/1788 between competitive, dynamic market-based pricing and stable, protective tariffs.

Volume 35 Online ISSN 0966-1646

Vulnerable Consumers and EU Electricity Disconnection Policy: A Comparative Analysis of the Italian and Irish Frameworks

Sun, 05 Apr 2026 00:01:04 GMT

This article examines the evolution of EU policies aimed at protecting vulnerable consumers within the electricity market. Since the liberalization of the electricity market in the 1990s, Member States are required to adopt adequate safeguards, including specific measures to prevent electricity disconnection. However, the regulatory framework among Member States is not homogeneous, raising challenges to the consistency and effectiveness of EU legislation. This challenge emerged in the context of the decarbonization process promoted by the European Commission through the Winter Package and the European Green Deal.

After examining safeguards against electricity disconnection adopted during the liberalization process, the article turns to the energy transition, with an analysis of the Directive (EU) 2024/1171. Through a comparison of Italian and Irish systems, it highlights differing regulatory approaches among EU Countries, identifying common challenges as well as potential pathways for the electricity market in transition.

Volume 35 Online ISSN 0966-1646

Some Brief Remarks on the Organization of the European Ports Promoting Maritime Safety for Clean Shipping

Sun, 05 Apr 2026 00:01:04 GMT

The European Commission with a Communication called ‘Maritime safety: at the heart of clean and modern shipping’ intended to amend the legal structure on maritime safety and sustainability with the review of all the relevant legislation. Significant amendments have been introduced in areas such as maritime safety, pollution prevention, digitalization and decarbonization and are analysed in this paper. Furthermore, the development of the European port strategy and organization is considered for its importance in the energy transition and its cooperation with the trans-European transport network since the ambition and the ultimate goal of the EU is to reduce the greenhouse gas (GHG) emissions and to contribute on the development of sustainable transport infrastructures. Finally, the English national approach related to port structure and development of the Vessel Traffic Services (VTS) for the achievement of marine safety, efficiency of navigation, and protection of the marine environment within the broader European context is presented.

Volume 35 Online ISSN 0966-1646

Good Governance in the Green Transition: Evaluating Dutch Green Subsidies

Sun, 05 Apr 2026 00:01:04 GMT

This paper develops and applies a governance-centred legal-administrative framework to evaluate Dutch green subsidy schemes, focusing on the established Incentive Scheme for Sustainable Energy Production and Climate Transition (SDE++) and the forthcoming two-way Contract for Difference (CfD). It also discusses how these financial tools are situated within the European Union (EU) legal framework. Moving beyond cost-effectiveness and political-economy analyses, it offers a novel framework that operationalizes good governance through four observable indicators – policy design, administrative procedure, oversight and review, and stakeholder engagement – linking classic normative principles such as transparency, participation, accountability, and effectiveness to concrete features of subsidy practice. The paper further conceptualizes subsidy governance as not merely procedural but inherently strategic: the design and implementation of subsidy schemes determine both their domestic legitimacy and the Netherlands’ contribution to Europe’s strategic autonomy in a fragmenting geopolitical order. Drawing on Dutch administrative law, delegated instruments, and implementation practice, the paper finds that while SDE++ has mobilized large-scale renewable investment, its cost-based design and complex procedures favour established actors. The forthcoming CfD promises price stability but risks similar barriers without clearer rules, proportionate access, open data, and independent review. The paper suggests how embedding good governance principles more systematically would enhance the fairness, effectiveness, and legitimacy of Dutch green subsidies while reinforcing their coherence with Europe’s broader ambition of achieving strategic autonomy and a just energy transition.

Volume 35 Online ISSN 0966-1646